UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-7872

WARREN D. WAMSLEY,

Petitioner – Appellant,

v.

WARDEN DAVID BALLARD,

Respondent – Appellee.

Appeal from the United States District Court for the Northern District of West Virginia, at Elkins. Robert E. Maxwell, Senior District Judge. (2:07-cv-00041-REM-JES)

Submitted: January 13, 2009 Decided: January 20, 2009

Before WILLIAMS, Chief Judge, and TRAXLER and KING, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Warren D. Wamsley, Appellant Pro Se. Robert David Goldberg, Assistant Attorney General, Charleston, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Warren D. Wamsley appeals the district court’s order

accepting the recommendation of the magistrate judge and

granting in part and denying in part his

(2006)

petition. The district court granted a certificate of

appealability. We have reviewed the record and find no

reversible error. Accordingly, we affirm for the reasons stated

by the district court. Wamsley v. Ballard, No. 2:07-cv-00041-

REM-JES (N.D.W. Va. Aug. 8, 2008). We deny Wamsley’s motion for

appointment of counsel. We further deny Wamsley’s motion for

clarification as moot. We dispense with oral argument because

the facts and legal contentions are adequately presented in the

materials before the court and argument would not aid the

decisional process.

AFFIRMED

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